Yes. Section 6(1)(f) of the OSH Code 2020 requires every employer to issue a letter of appointment to every employee on joining, and the Code counts a contractor as an employer. So a contract worker gets the letter from the contractor, in a format the rules prescribe: sixteen fields under the Central Rules, nineteen under Tamil Nadu's draft. The rules bar employing anyone in the establishment without one, which is why the site should check.
Who issues it to a contract worker
The contractor does, as the worker's employer. Section 2(1)(u) of the OSH Code defines an employer as a person who employs one or more employees, "whether directly or through any person", and lists the contractor among those it includes. Section 6(1)(f) then puts the letter on every employer, "with such information and in such form as may be prescribed by the appropriate Government".
The site is not a bystander. Rule 6 of the OSH (Central) Rules 2026 is written as a condition of employment in the establishment, not just a duty on the contractor: "No employee shall be employed in any establishment unless an appointment letter has been issued to such employee". Tamil Nadu's draft rule 7 uses the same words. The Ministry of Labour and Employment made the same point to central government bodies that engage manpower through contractors. The Labour Secretary's letter of 24 April 2026 says the Code "requires employers to issue appointment letters to all employees, including contract labour", and asks those bodies to ensure it happens.
What the letter must say
A fixed list of fields, which differs between the Central Rules and Tamil Nadu's draft. Which set applies depends on the appropriate Government for the establishment. For most factories in Tamil Nadu that is the State, whose OSH rules were published in draft on 11 April 2022 [VERIFY: whether Tamil Nadu has since notified final rules, and whether the format survived].
| Field | Central Rules 2026, r.6 | Tamil Nadu draft 2022, r.7 |
|---|---|---|
| Name, parent's name | Yes (father's or mother's) | Yes (father's) |
| Date of birth | Yes | No |
| Aadhaar number | Yes, after obtaining consent | Yes |
| Establishment's Labour Identification Number (LIN) | Yes | Yes |
| Establishment's name, address and DISH registration number | No | Yes |
| UAN and/or ESIC insurance number | Yes, if available | Yes, if available |
| Designation, category of skill, date of joining | Yes | Yes |
| Type of employment (regular, fixed-term or contractual) | Yes | No |
| Wages, basic pay and dearness allowance; other allowances | Yes | Yes |
| Avenue for higher wages or a higher position | No | Yes |
| Whether EPF and ESI benefits apply | Yes | Yes, if applicable |
| Maternity benefits under the Social Security Code (women employees) | Yes | No |
| Construction Workers Welfare Board and Labour Welfare Board numbers | No | Yes |
| Health check-up details | No | Yes |
| Broad nature of duties; any other information | Yes | Yes |
The Central format ends with the employer's signature or digital signature. The Ministry's proforma, enclosed with the April 2026 letter, adds that it is to be issued "in English or Hindi and in local language". A letter in a language the worker cannot read does little of what the Code intends. For a contract worker, "contractual" is the type of employment the Central format expects [VERIFY: whose LIN, the principal employer's or the contractor's, the Rules expect on a contract worker's letter].
When it is due
On appointment, for anyone who joins now. Section 6(1)(f) says the letter is issued "on his appointment", and the rules bar employment without one, so it belongs before the first shift, not after the first payday.
- Workers already on site when the Code started. Section 6(1)(f) gave an employee without a letter on the Code's commencement three months to receive one. The Code commenced on 21 November 2025, which puts that deadline in February 2026. The Central Rules prescribing the format were notified only on 8 May 2026 (G.S.R. 345(E)) [VERIFY: how that gap is treated for letters issued before the format was prescribed].
- A letter in an older format. The Ministry's April 2026 letter says appointment letters that already contain the fields in its proforma "may be continued to be used". A contractor need not reissue a compliant letter on new paper, but should add any missing field.
- A change of contractor. The new contractor is a new employer. A crew moving across at a changeover gets a letter from the incoming contractor, carrying their existing UAN and ESIC numbers.
The Code attaches no penalty to clause (f) by name. Its general penalty in section 94 makes "the employer or the principal employer" liable to between ₹2 lakh and ₹3 lakh for a contravention of the Code or its rules where no other penalty is expressly provided. Section 97(1) sets ₹50,000 to ₹1 lakh for contravening a provision or rule. Which applies to a missing letter, and to whom, is a question for the site's own counsel.
What a site should check
That a letter exists for every name on the gate register, and that it agrees with the other records. The letter is the first document in a worker's file, and the wage slip, the ECR and the ESIC challan should all tell the same story.
- A letter for every contract worker before the first shift, counted against the gate register, including the crew taken over from a previous contractor.
- The right format for the establishment: the Central fields or the Tamil Nadu fields, whichever set applies, and "contractual" as the type of employment where the Central format is used.
- The wage line agrees with the notified rate for the category of skill and zone, and with the rate on the worker's monthly wage slip.
- The UAN and ESIC number on the letter are the ones on the ECR and the challan, not an e-Shram number and not blank once the registrations are done.
- A copy the worker can read, in Tamil or the worker's own language where that is not Tamil.
- Aadhaar handled with consent, as the Central format requires. A site that keeps copies of the letters is holding Aadhaar numbers, and a copy with the number masked is enough to confirm a letter was issued.
How Velura Services helps
Every worker we deploy receives an appointment letter before the first shift, in the format the applicable OSH rules prescribe, with their UAN, ESIC number, category of skill and wage rate filled in, and in a language they read. A copy sits in the onboarding file a site can ask for, so the letter, the wage slip and the monthly PF and ESI returns carry the same figures.
Sources
- Occupational Safety, Health and Working Conditions Code, 2020 (Act 37 of 2020), Gazette text hosted by DGFASLI. Sections cited: s.2(1)(m) and (n) (contract labour, contractor), s.2(1)(u) (employer, including a contractor), s.6(1)(f) (letter of appointment; three months for existing employees), s.94 (general penalty, ₹2 lakh to ₹3 lakh), s.97(1) (₹50,000 to ₹1 lakh). Opened and read.
- Occupational Safety, Health and Working Conditions (Central) Rules, 2026, G.S.R. 345(E) dated 8 May 2026, mirrored copy of the Gazette. Rule 6 (no employee employed without an appointment letter; sixteen-field format). Opened and read [VERIFY: against the e-Gazette original].
- Occupational Safety, Health and Working Conditions (Tamil Nadu) Rules, 2022 (draft), G.O. Ms. No. 38, 11 April 2022, Tamil Nadu Government Gazette Extraordinary No. 216. Rule 7 (letter of appointment; nineteen-field format). Opened and read.
- Ministry of Labour and Employment, D.O. letter from the Secretary (Labour and Employment) dated 24 April 2026 on implementation of the Labour Codes for contract labour, with Annexure I (proforma appointment letter) and Annexure II (wage slip), as forwarded in an ICMR general circular of June 2026. Appointment letters for all employees including contract labour; proforma to be issued in English or Hindi and in the local language; existing letters with the same fields may continue. Opened and read [VERIFY: D.O. No. Z-20025/13/2019-LRC(E), read from a scanned copy].